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201304258 <br />B. A breach of any term or covenant in this Deed of Trust, Evidence of Debt, any <br />prior mortgage or any construction loan agreement, security agreement, or any other document <br />evidencing, guarantying, securing or otherwise relating to the Secured Debt; <br />C. The making or furnishing of any verbal or written representation, statement or <br />warranty related to the Evidence of Debt or this Deed of Trust to Beneficiary that is false or <br />incorrect in any material respect by Trustor or any person or entity obligated on the Secured Debt; <br />D. The death, dissolution, appointment of a receiver for, or application of any debtor <br />relief law to, Trustor or any person or entity obligated on the Secured Debt; <br />E. A good faith belief by Beneficiary at any time that Beneficiary is insecure with <br />respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is <br />impaired or the Property is impaired; or <br />F. A material adverse change in Trustor's business including ownership, <br />management, and fmancial conditions, which Beneficiary in its opinion believes impairs the value <br />of the Property or repayment of the Secured Debt. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require <br />Beneficiary to provide Trustor with notice of the right to cure, mediation notices or other notices and may <br />establish time schedules for foreclosure actions. Subject to these limitations, if any, Beneficiary may <br />accelerate the Secured Debt and foreclose this Deed of Trust in a manner provided by law if this Trustor is <br />in default. At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and <br />principal shall become immediately due and payable, after giving notice if required by law, upon the <br />occurrence of a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies <br />provided by law, the Evidence of Debt, other evidences of debt, this Deed of Trust and any related <br />documents including without limitation, the power to sell the Property. <br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request <br />of the Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the <br />highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at <br />such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and <br />place of sale and a description of the property to be sold as required by the applicable law in effect at the <br />time of the proposed sale. Upon sale of the Property and to the extent not prohibited by law, Trustee shall <br />make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first <br />paying all fees, charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, <br />insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on <br />the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals <br />in any deed of conveyance shall be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to <br />all remedies provided at law or equity, whether expressly set forth or not. The acceptance by Beneficiary of <br />any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated after <br />foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and <br />complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does <br />not waive Beneficiary's right to later consider the event a default if it continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION <br />COSTS. Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor <br />breaches any covenant in this Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses <br />4 <br />